Environmental Issues in Business and Real Estate Transactions
We represent both small companies and large corporations in connection with the environmental aspects of real estate and corporate transactions. From the earliest stages of due diligence through post-closing site remediation and redevelopment, our attorneys are well-versed in counselling buyers, sellers and other real estate stakeholders on environmental risks associated with corporate and real property transactions.
Nearly every business transaction involves some level of environmental risk. Those risks can be both legal and practical. Legal risks refer to liability imposed by law for the investigation and remediation of, and possibly other damage caused by, the presence of contamination in the environment. Practical risks refer to the costs and delays associated with the presence of contamination. Our guidance is always tailored to minimize both practical and legal risks, and we consistently succeed in helping clients achieve their objectives with services that include:
- Assessing and mitigating legal and practical environmental risks associated with the leasing, purchase, and sale of real property;
- Assessing and mitigating environmental risks associated with the purchase and sale of businesses;
- Identifying and evaluating tools to address each type of risk, including regulatory programs and tax credit opportunities;
- Negotiating and documenting effective contractual risk allocation, including where appropriate, obtaining environmental insurance structured to meet the needs of specific assets and deals; and
- Assisting clients with the selection of environmental engineers and consultants best suited for specific services and dovetailing our legal services with those technical experts.